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Ignoring practical issues with obtaining the sample, I think a good lawyer could probably find a way to sue you for any damages that you caused. As for whether it's a criminal act, I think that it might be a form of assault, maybe.

I know it would violate certain state laws regarding biometric data, but the penalty for violating those laws appears to be civil by and large, not criminal.

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> Ignoring practical issues with obtaining the sample

> As for whether it's a criminal act, I think that it might be a form of assault, maybe.

Are you suggesting that using their DNA without their consent is assault, or the taking of it from them? It'd be trivial to take it without contact with them, from e.g. a hair, or their toothbrush, particularly if you live with them.

23andme and ancestry.com use a process which needs more genetic material than is available from hair or toothbrushes. You have to get a fair amount of spit in a tube.

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